President Nominates Three to National Labor Relations Board
On April 9th, President Obama announced his intent to renominate Mark Gaston Pearce as Chairman of the National Labor Relations Board. He also announced his intent to appoint management lawyers, Harry I. Johnson and Philip A. Miscimarra to the Board. The president has previously renominated recess appointments Sharon Block and Richard Griffin to the Board.
The NLRB consists of five members. The Board has struggled in recent years due to the Senate’s refusal to confirm President Obama’s appointments to the Board. A U.S. Supreme Court decision in 2010 prevents the Board from issuing decisions where there is not a valid quorum of Board members. A decision by the D.C. Circuit Court of Appeals in January called into question the validity of recess appointments to the Board. Absent Senate approval of the new appointees, the Board will have a hard time operating in the future.